[DV_listserv] Legal Update

[Domestic Violence issues]

State v. Josue Vargas

FACTS: Defendant pleaded guilty to two felony (DV) assaults based on two different theories (previously convicted of assaulting the same victim and witnessed by a minor child) arising out of the same incident. The court entered separate convictions and imposed concurrent, presumptive sentences on each count. The Court of Appeals reverses and remands for re-sentencing. According to the court, "Oregon's "anti-merger" statute, ORS 161.067, provides, in general, that a defendant has committed "separately punishable offenses" when the "same conduct or criminal episode" violates two or more statutory provisions, each requiring proof of an element the others do not, ORS 161.067(1); involves two or more victims, ORS 161.067(2); or involves repeated violations of the same statutory provision against the same victim if separated by "sufficient pause," ORS 161.067(3)."
Here, the court found that the State did not provide sufficient evidence that there were two or more victims or that there was "sufficient pause" to allow for imposition of separate convictions/sentences.

http://www.publications.ojd.state.or.us/docs/A155248.pdf



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